Coal scam: Court dismisses former Coal Secretary H C Gupta’s plea

New Delhi: A special court today dismissed former Coal Secretary H C Gupta’s plea for dropping of proceedings on account of lack of sanction to prosecute him in a coal scam case, saying the allegations against him went beyond the act which could be treated as official duty.

Former Coal Secretary H C Gupta

Special CBI Judge Bharat Parashar said that Gupta was not simply prosecuted in the case for making recommendation being then chairman of Screening Committee, which can certainly be stated to have been done in discharge of his official duty.

“However, I may once again state that the acts complained of against accused H C Gupta goes beyond any such acts which can be stated to have been done either in the discharge of his official duty or in the purported discharge of his official duty,” the court said.

“The allegations against accused H C Gupta are that he conspired with the other accused persons, as have been also arrayed in the present case alongwith him to face trial, and thereby facilitated them to cheat Government of India on the basis of false claim or by furnishing wrong information,” it said.

The court said Gupta has been arrayed as accused as he had allegedly assisted other accused in their acts of cheating the government and allowing them to misappropriate the important nationalised natural resources of the country.

“Certainly these acts of having conspired and having assisted the other accused persons in cheating Government of India and misappropriating the important nationalized natural resources of the country over which accused H C Gupta was having a dominion, can by no stretch of imagination be stated to be acts done in the discharge of his official duty or in the purported discharge of his official duty,” it noted.

“There is thus no requirement of sanction under section 197 of CrPC for taking cognizance of offence of criminal conspiracy i.e. under section 120-B IPC or for the offence of criminal breach of trust i.e. under section 409 IPC against accused H C Gupta,” the court said while dismissing the plea.

The case pertains to alleged irregularities in allocation of Amarkonda Murgadangal coal block in Jharkhand to two Jindal group companies, Jindal Steel and Power Ltd (JSPL) and Gagan Sponge Iron Private Ltd (GSIPL).

Meanwhile, the court today cancelled the date of October 5, fixed earlier for arguments on framing of charges in the matter, and shifted it to October 8, saying evidence in other cases are to be recorded on the said dates and it will not be possible to hear arguments.

It has fixed the case for arguments on framing of charges on November 2-5.